Guest blogger Robin Sax: Few people would disagree that abortion is one of the most hotly contested issues in our country. The passion from the pro-choice and pro-life camps is evident. From printed words to television screens, from debate podiums to our living rooms -- whenever the issue is even mildly discussed, tensions flare on both sides. Seldom is there an opportunity or an issue that bridges both viewpoints. But now we have one: the broken adoption system in the United States. That's because the right of a mother to choose (pro-choice) and the desire for the child to be born (pro-life) are both at play whenever a mother takes the adoption route.

Abortion laws affect many
areas of American life. Take their effect on crime, for
example. Many are familiar with the theory that legal
abortion reduces crime.
Proponents of the theory argue that unwanted children are more likely to become
criminals. In particular, it is argued that the
legalization of
abortion in the
United States after
Roe v. Wade has reduced
crime in years since. Opponents generally dispute these statistics and will
point to some negative effects of
abortion on society. This camp encourages
women to choose to put their children up for
adoption rather than have abortions.
Every mother has a right (and a responsibility) to develop a
life plan for her unborn child. Today, as most of us already know, there are
essentially three legal options for an American woman who is faced with an unwanted pregnancy: 1) Keep and parent the child, 2) Have the child and place
him/her up for
adoption or 3) Terminate the pregnancy. Obviously the choice is
very difficult, and thus the source of many heated debates. But the great
misfortune is that the
adoption system is truly broken in America.
The
mechanisms to both put a child up for
adoption and to adopt a child are fraught
with so many problems. Many will pursue an
adoption option in a foreign country
(sometimes risking medical difficulties in the child) rather than stay domestic.
The domestic system has a high probability of failed
adoption, legal
difficulties or failed placement. Therefore, women who have an unwanted
pregnancy are choosing to terminate rather than pursue
adoption as a viable
alternative. In turn, more Americans must go abroad to
China,
Russia, etc., to
adopt.
A woman should have a valid alternative to either aborting her baby or being
forced to raise a child she does not want.
Adoption should be that valid
alternative. But some states will not recognize a mother's right to place
her child up for
adoption. This leaves a woman with only
the two alternatives: aborting or
parenting.
In the case of Baby Grayson Vaughn, the birth mother had the constitutional
right to place her newborn child up for
adoption. Her choice was protected by the
Due Process Clause of the
Fourteenth Amendment of the
United States
Constitution. Because of her constitutional right to choose what to do with
her body, no man should be able to object to this newborn
adoption. Any
interference from a unwed father can be viewed as a violation of freedom of choice,
a violation of
privacy rights and of Due Process.
So how is that 3-year-old
Grayson is caught in a torturous battle between his prospective
adoptive parents, Jason and
Christy Vaughn of Sellersburg,
Indiana, and his birth
father,
Benjamin Wyrembek of Swanton,
Ohio? Will this case end in tragedy on October 30 -- the day the
Ohio Supreme Court has ordered the boy to be returned to his birth father (a total stranger) and be taken away from the only parents he has ever known?
While some
people criticize the Vaughns, thousands of their supporters are in a fight
against the clock to save Grayson from what experts have deemed
"court-sanctioned child abuse." How is custody of
Baby Vaughn even an issue when
his birth mother herself chose the Vaughns as parents, acknowledged her own
inability to care for the child and expressed the belief that
Benjamin Wyrembek is not fit
to parent his child? Why are we punishing this mother for choosing
adoption as
a viable option and selecting the Vaughns -- loving parents -- to be her child's mom
and dad?
It has been three years since
Christy Vaughn first held Grayson after
he was born; she took him home nine days later. Now the courts want to take this child away from the only parents -- and siblings -- he has ever known.
One question we might ask: Does Grayson's mother regret having her child? Any
birth mother faced with this kind of contested
adoption could understandably
regret that she did not choose
abortion.
A woman
must have the constitutionally
protected right to place her newborn up for
adoption, and not
be forced into electing either
abortion or
parenting an unwanted child. While the "father's rights" people may be going crazy out there, please know that
I agree that fathers deserve rights (of course!). But in this specific case,
the woman's rights trump. And I am not alone in my thinking: The Supreme Court
agrees. In Planned Parenthood of Central Mo. v. Danforth, the Court made it
clear that the reproductive rights of a woman are constitutionally protected and
superior to the claimed rights of all others, even her husband.
Adoptive children and families are suffering injustices, as in
Baby Vaughn's
case, with the unfair adoptions laws. We must speak out and begin to mend this
terrible state of affairs.
Practical